HomeMy WebLinkAboutEnhanced DWI Enforcement Program COVER SHEET FOR DOCUMENTS
SENT TO:
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER
Type of Agreement : C
Nature of Contract/Agreement
CA
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°f RESOLUTION 2025-143
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ADOPTED DOC ID: 21078
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-143 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 4,2025:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J. Krupski, Jr. to execute the Suffolk County Probation DWI Enforcement
Contract#001-3198-4980-AVMI-00005, and related documentation between the Town of
Southold and the Suffolk County Department of Probation for the Enhanced-DWI Enforcement
Program in an amount not to exceed$19,000.00 for the term January 1, 2025 through December
31, 2025,at no cost to the Town, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilperson
SECONDER:Brian O. Mealy, Councilperson
AYES: Mealy, Smith, Doherty,Evans, Doroski,Krupski Jr
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STOP-DWI/Town Southold Agreement No. 001-3198-4980-AVM1-00005
Contract
This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal
corporation of the State of New York, acting through its duly constituted Department of Probation ("the
Department"),located at 100 East Avenue,Yaphank,NY 11980(mailing address:PO Box 188,Yaphank,NY
11980); and
Town of Southold ("the Contractor"), a Municipal Corporation having an address at 53095 Route 25,
Southold, NY 11971
The Contractor has been designated to receive funds from the County for enhanced DWI enforcement
efforts ("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: January 1, 2025 through December 31, 2025.
Total Cost of the Contract: Shall not exceed$19,000.00,to be paid as set forth in Articles V and VI herein,unless
revised by a Suffolk County Resolution, and in accordance with paragraph Le. of Article V of this Contract.
Terms and Conditions., Shall be as set forth in Articles I through VI, attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
Town of Southold COUNTY OF SUFFQK
Albert J. Krupski, Jr. Kevin B. Molloy
Supervisor Chief Depu ounty xecutiv
Fed. Tax ID 4: 11-6001939 Date: e
Date: -7 a�
Approved:
Albert J.Krupski,Jr.hereby certifies under penalties of perjury Department of bation
r
that I am an officer of Town of Southold,that I have read and I
am familiar with § A5-8 of Article V of the Suffolk County By
Code, and that Town of Southold meets all requirements to Gerard J. Cook
qualify for exemption thereunder. Director
Date ��6�
Date /7 2.fi—
[SIGNA uxEl Recommended
Approved as to Form: 4
Christopher J. Clayton By: C? C4/ -i
County Attorney Caroline Flynn
STOP-DWI Coordinator
Date
Stephanie M. Suarez
Assistant County Attorney
Date: 3/;6/aS
(IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIII
0087779
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List of Articles
ArticleI .............................................................................................................................................................. 5
Description of Services """""' 5
....................................................................................................................
1. Conflicting Provisions ................................................................................................... """""' 5
2. Services.................................................................................................................................................. 5
3. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 .... 5
4. Key Performance Indicators 6
.......................................................................................
ArticleII .............................................................................................................................................................. 7
Definitions .............................................................................................................................................................. 7
...
1. Meanings of Terms....... ..................................................................................................................... 7
2. Elements of Interpretation..................................................................................................................... 8
ArticleIII .............................................................................................................................................................. 9
.....................................................
General Terms and Conditions .......................................................................... 9
1. Contractor Responsibilities................................................................................................................... 9
a. Duties and Obligations.................................................................................................................... 9
b. Qualifications, Licenses, and Professional Standards........................................................................... 9
c. Notifications............................................................................................................:....................... 9
d. Documentation of Professional Standards...................................................................................... 9
e. Credentialing................................................................................................................................... 9
f. Engineering Certificate •••• 9
.............................................................................
2. Termination........................................................................................................................................... 9
a. Thirty Days Termination................................................................................................................. 9
b. Event of Default; Termination on Notice ..................................................................................... 10
c. Termination Notice....................................................................................................................... 10
d. Duties upon Termination .............................................................................................................. 10
3. Indemnification and Defense.............................................................................................................. 10
4. Insurance............................................................................................................................................. 10
5. Independent Contractor....................................................................................................................... 11
6. Severability......................................................................................................................................... 11
7. Merger;No Oral Changes................................................................................................................... 11
8. Set-Off Rights..................................................................................................................................... 11
9. Non-Discrimination in Services and Employment............................................................................. 11
10. Nonsectarian Declaration..................................................................................................................... 12
11. Governing Law................................................................................................................................... 12
12. No Waiver........................................................................................................................................... 12
13. Conflicts of Interest............................................................................................................................. 12
14. Cooperation on Claims ....................................................................................................................... 12
15. Confidentiality .................................................................................................................................... 12
16. Assignment and Subcontracting ......................................................................................................... 12
17. Changes to Contractor......................................................................................................................... 12
18. No Intended Third Party Beneficiaries ............................................................................................... 13
19. Certification as to Relationships......................................................................................................... 13
20. Publications......................................................................................................................................... 13
21. Copyrights and Patents ....................................................................................................................... 13
a. Copyrights..................................................................................................................................... 13
b. Patents........................................................................................................................................... 14
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22. Arrears to County................................................................................................................................ 14
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction........................................................................................................................................ 14
24. Certification Regarding Lobbying...................................................................................................... 14
25. Record Retention................................................................................................................................ 14
27. Notice.................................................................................................................................................. 14
28. Data Security and Privacy ............. 15
29. New York State Labor Law...................................................................................................... 15
ArticleIV ............................................................................................................................................................ 16
Suffolk County Legislative Requirements............................................................................................................ 16
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 16
2. Living Wage Law............................................................................................................................... 16
3. Use of County Resources to Interfere with Collective Bargaining Activities.................................... 16
4. Lawful Hiring of Employees Law...................................................................................................... 16
5. Gratuities............................................................................................................................................. 17
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 17
7. Child Sexual Abuse Reporting Policy................................................................................................ 17
8. Non Responsible Bidder..................................................................................................................... 17
9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 18
10. Youth Sports ........................................................................................................................................ 18
11. Work Experience Participation........................................................................................................... 18
12. Safeguarding Personal Information of Minors ................................................................................... 18
13. Contract Agency Performance Measures and Reporting Requirements............................................. 18
14. Suffolk County Local Laws Website Address.................................................................................... 18
15. Suffolk County Code of Ethics................................................................................................. 18
16. Notification of Cyber Security Breach ............................................................................................... 18
ArticleV ............................................................................................................................................................ 19
GeneralFiscal Terms and Conditions................................................................................................................... 19
1. General Payment Terms...................................................................................................................... 19
a. Presentation of Suffolk County Payment Voucher....................................................................... 19
b. Voucher Documentation................................................................................................................ 19
c. Payment by County 19
d. Budget Modification.....................................................................................................................
19
e. Budget and/or Services Revisions ................................................................................................ 19
f. Taxes............................................................................................................................................. 20
g. Final Voucher................................................................................................................................ 20
2. Subject to Appropriation of Funds...................................................................................................... 20
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ............................. 20
4. Accounting Procedures....................................................................................................................... 20
5. Audit of Financial Statements............................................................................................................. 20
6. Financial Statements and Audit Requirements................................................................................... 21
7. Furniture, Fixtures, Equipment, Materials, Supplies.......................................................................... 22
a. Purchases, Rentals or Leases Requiring Prior Approval.............................................................. 22
b. Purchase Practices/Proprietary Interest of County ....................................................................... 22
c. County's Right to Take Title and Possession............................................................................... 22
d. Inventory Records, Controls and Reports..................................................................................... 22
e. Protection of Property in Contractor's Custody............................................................................ 22
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f. Disposition of Property in Contractor's Custody.......................................................................... 23
8. Lease or Rental Agreements............................................................................................................... 23
9. Statement of Other Contracts.............................................................................................................. 23
10. Miscellaneous Fiscal Terms and Conditions...................................................................................... 23
a. Limit of County's Obligations...................................................................................................... 23
b. Duplicate Payment from Other Sources ....................................................................................... 23
c. Funding Identification................................................................................................................... 23
d. Outside Funding for Non-County Funded Activities.................................................................... 23
e. Potential Revenue.........................................................................................................................23
f. Payments Contingent upon State/Federal Funding....................................................................... 23
g. Denial of Aid................................................................................................................................. 24
h. Budget........................................................................................................................................... 24
i. Payment of Claims........................................................................................................................ 24
j. Payments Limited to Actual Net Expenditures............................................................................. 24
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 .................................... 24
1. Salaries.......................................................................................................................................:.. 24
in. Salary Increases ............................................................................................................................ 24
n. Contractor Vacancies.................................................................................................................... 24
o. No Limitation On Rights ....................................................................
p. Comptroller's Rules and Regulations........................................................................................... 24
ArticleVI ............................................................................................................................................................ 25
Budget ........................................................................................................................................................... 25
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2025 Suffolk County Adopted Budget under the pseudo code as
listed on page one of the Contract to perform the Services for the Department as set forth below; and
Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree
as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Services
Contractor agrees to the following:
a. This is a reimbursement program. The Contractor incurs the cost of the Services and is reimbursed
by the County according to the approved budget. All costs must be documented, and the
reimbursement request must be in accordance with the terms and conditions of this Contract.
b. Contractor agrees that all monies provided pursuant to this Contract shall be used to aid in.increased
enforcement (hereinafter, "DWI enforcement") of laws prohibiting driving while intoxicated by
alcohol or ability impaired by one or more drugs (hereinafter collectively referred to as "DWI" or
"DWI-related offenses"). These funds shall only be used to reimburse Contractor for patrol duties
during overtime hours, which duties must be exclusively related to increased DWI enforcement
("DWI overtime patrols"). In addition to DWI overtime patrols, these funds may be used to train
personnel involved in DWI enforcement as well as enforcement of DWI-related warrants.
c. Contractor agrees that the hours of DWI overtime patrols shall include those dates and times that
have historically reflected high incidences of DWI arrests as well as high incidences of automobile
accidents and fatalities attributed to DWI-related offenses. When scheduling DWI overtime patrols
Contractor may take into consideration seasonal traffic considerations and other activities related to
increased incidences of DWI, as well as staff availability.
d. The goal of these increased patrols is to increase the number of DWI arrests and reduce the number
of alcohol-related automobile accidents and fatalities.
3. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
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ARTICLE I
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b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law 41-2013.
4. Ivey Performance Indicators
Beginning in the second month of the Contract term for contracts subject to Suffolk County Local Law No.
41-2013, the Contractor shall submit monthly actual performance data, also known as key performance
indicators ("KPIs"), for the prior month's data and analysis of the Contract performance measures to the
Department in accordance with the submission procedures specified by the Department. KPIs, if required,
shall be submitted no later than the 151h of each month of the Contract Term.
End of Text for Article I
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Article II
Definitions for service of process;or
I• Meanings of Terms d. the Contractor's failure to comply with any Federal,
State or local law,rule,or regulation,and County policies or
As used herein: directives;or
"Audit of Financial Statements"means the examination by e• the Contractor's bankruptcy or insolvency;or
the Comptroller and any Federal or State auditing authority of L the Contractor's failure to cooperate in an Audit of
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those Financial Statements;or
financial statements are relevant, accurate, complete, and g• the Contractor's falsification of records or reports,
fairly presented. misuse of funds,or malfeasance or nonfeasance in financial
"Budget" means the Contractor's summary or plan of all record keeping arising out of, or in connection with, any
intended revenue, whether received in the form of fees, contract with the County;or
grants,County funding,or any other source,and expenditures h. the Contractor's failure to submit, or failure to
necessary to render the Services. timely submit, documentation to obtain Federal or State
"Budget Deficiency Plan"means an analysis of the cost of funds;or
the Services, changes in fiscal conditions, and required i. the inability of the County or the Contractor to
modifications to the Contract to continue to render the obtain Federal or State funds due to any act or omission of the
Services. Contractor;or
"Comptroller" means the Comptroller of the County of j. any condition that the County determines,in its sole
Suffolk. discretion,is dangerous.
"Contract"means all terms and conditions of this Contract k. the failure to comply with Local Law 41-2013 and
forming all rights and obligations of the Contractor and the
County. related contractual requirements.
"Federal" means e
"Contractor"means the signatory corporation, its officers, departments,and agenciesUnited States government, its
officials, employees, agents, servants, sub-contractors,
volunteers,and any successor or assign of any one or more of
the foregoing "Fringe Benefits" means non-wage benefits which
g g performing the Services. accompany, or are in addition to, a person's sal
ary,such paid insurance,sick leave,profit-sharing plans,paid holidays,
"County"means the County of Suffolk,its departments,and and vacations.
agencies.
Source"
to
nd
"County Attorney" means the County Attorney of the t eu Contractor byatheCounty pu suy direct orlanttto anysumyable lawful
County of Suffolk. obligation.
"Department"means the signatory department approving the "Legislature"means the Legislature of the County of Suffolk.
Contract.
"Ma Letter"mea
as true by the
"Engineering Services"means the definition of the practice Contractor's certified p bliics accountant orechief financial
of engineering and the definition of practice of land officer of findings and recommendations for improvements in
surveying, as the case may be, under Section 7201 and internal fiscal control that were identified during an Audit of
Section 7203 of the State Education Law,respectively. Financial Statements, but which were not required to be
"Event of Default"means included in an audit report.
a. the Contractor's failure to perform any duty d strictcipal Corporation"means a town,village,or school
required of it under paragraphs I(b)-(e)of Article III of the
Contract;or "Services"means all that which the Contractor must do,and
h. the Contractor's failure to maintain the amount and any part thereof arising out of, or in connection with, the'
Contract as described in Article I"Description of Services."
types of insurance with an authorized insurer as required by
the Contract;or "State"means the State of New York.
C. the Contractor's failure to maintain insurance "Statement of Other Contracts"means a complete list of all
required by the Contract with an insurer that has designated other contracts under which money has been or will be paid to
the New York Superintendent of Insurance as its lawful agent the Contractor from the County, Federal, or State
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governments,or a Municipal Corporation,and(i)which are
currently in effect or(ii)which have expired within the past
twelve(12)months and have not been renewed.
"Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of
payment.
"Term"means the time period set forth on page one of the
Contract and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include
correlative words of the feminine and neuter genders and
words importing the singular number shall mean and include
the plural number and vice versa. Words importing persons
shall include firms, associations, partnerships (including
limited partnerships), trusts, corporations, and other legal
entities, including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein,
shall have the meanings assigned to them in the Contract.
End of Text for Article II
a
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Article III Contractor's ability to render the Services, every
General Terms and Conditions other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
1. Contractor Responsibilities by law.
a. Duties and Obligations d. Documentation of Professional Standards
i.) It shall be the duty of the Contractor to The Contractor shall maintain on file,in one location in
discharge, or cause to be discharged, all of its Suffolk County, all records that demonstrate that it has
responsibilities,and to administer funds received in complied with sub-paragraphs(b)and(c)above. The address
the interest of the County in accordance with the of the location of the aforesaid records and documents shall
provisions of the Contract. be provided to the County no later than the date of execution
of the Contract. Such documentation shall be kept,
ii.) The Contractor shall promptly take all maintained,and available for inspection by the County upon
action as may be necessary to render the Services. twenty-four(24)hours notice.
iii.) The Contractor shall not take any action e. Credentialing
that is inconsistent with the provisions of the
Contract. i.) In the event that the Department,or any
division thereof,maintains a credentialing process
iv.) Services provided under this Contract to qualify the Contractor to render the Services,the
shall be open to all residents of the County. Contractor shall complete the required
credentialing process. In the event that any State
credential, registration, certification or license,
b. Qualifications, Licenses, and Professional Drug Enforcement Agency registration, or
Standards Medicare or Medicaid certification is restricted,
suspended,or temporarily or permanently revoked,
The Contractor represents and warrants that it has,and shall it is the duty of the Contractor to contact the
continuously possess,during the Term,the required licensing, Department, or division thereof, as the case may
education,knowledge,experience,and character necessary to be,in writing,no later than three(3)days after such
qualify it to render the Services. restriction,suspension,or revocation.
The Contractor shall continuously have during the Term all ii.) The Contractor shall forward to the
required authorizations, certificates, certifications, Department, or division thereof, as the case may
registrations,licenses,permits,and other approvals required be, on or before July 1 of each year during the
by Federal, State, County, or local authorities necessary to Term,a complete list of the names and addresses of
qualify it to render the Services. all persons providing the Services,as well as their
respective areas of certification, credentialing,
C. Notifications registration,and licensing.
i.) The Contractor shall immediately notify f. Engineering Certificate
the County, in writing, of any disciplinary
proceedings, commenced or pending, with any In the event that the Contract requires any Engineering
authority relating to a license held by any person Services,the Contractor shall submit to the County,no later
necessary to qualify him,her,or the Contractor to than the due date for submission for approval of any
perform the Services. engineering work product, the Certificate of Authorization
("Certificate"), issued pursuant to § 7210 of the New York
ii.) In the event that a person is no longer Education Law,of every person performing any Engineering
licensed to perform the Services, the Contractor Services. The failure to file, submit, or maintain the
must immediately notify the County, but in no Certificate shall be grounds for rejection of any engineering
event shall such notification be later than five(5) work product submitted for approval.
days after a license holder has lost the license
required to qualify the license holder or the 2. Termination
Contractor to perform the Services.
a. Thirty Days Termination
iii.) In the event that the Contractor is not
able to perform the Services due to a loss of The County shall have the right to terminate the Contract
license,the Contractor shall not be reimbursed for without cause,for any reason, at any time,upon such terms
the Services rendered after the effective date of and conditions it deems appropriate,provided,however,that
termination of such license. Without limiting the no such termination shall be effective unless the Contractor is
generality of the foregoing, if any part of the given at least thirty(30)days'notice.
Contract remains to be performed, and the
termination of the license does not affect the
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b. Event of Default;Termination on Notice losses,suits or actions,costs,and expenses arising out of any
claim asserted for infringement of copyright, including
i.) The County may immediately terminate reimbursement of the cost of reasonable attorneys' fees
the Contract; for cause, upon such terms and incurred by the County, its agents, servants, officials, and
conditions it deems appropriate, in the Event of employees in any action or proceeding arising out of or in
Default as defined in Article II. connection with any claim asserted for infringement of
copyright.
ii.) If the Contractor defaults under any other
provision of the Contract, the County may C. The Contractor shall defend the County,its agents,
terminate the Contract, on not less than five(5) servants, officials, and employees in any proceeding or
days' notice, upon such terms and conditions it action, including appeals, arising out of, or in connection
deems appropriate. with, the Contract, and any copyright infringement
proceeding or action. Alternatively, at the County's option,
C. Termination Notice the County may defend any such proceeding or action and
require the Contractor to pay reasonable'attorneys' fees or
Any notice providing for termination shall be delivered as salary costs of County employees of the Department of Law
provided for in paragraph 27 of this Article III. for the defense of any such suit.
d. Duties upon Termination 4. Insurance
i.) The Contractor shall discontinue the a. The Contractor shall continuously maintain,during
Services as directed in the termination notice. the Term of the Contract,insurance in amounts and types as
follows:
ii.) Subject to any defenses available to it,
the County shall pay the Contractor for the Services i.) Commercial General Liability insurance,
rendered through the date of termination. including contractual liability coverage, in an
amount not less than Two Million Dollars
iii.) The County is released from any and all ($2,000,000.00) per occurrence for bodily injury
liability under the Contract,effective as of the date and Two Million Dollars ($2,000,000.00) per
of the termination notice. occurrence for property damage. The County shall
be named an additional insured.
iv.) Upon termination, the Contractor shall
reimburse the County the balance of any funds ii.) Automobile Liability insurance (if any
advanced to the Contractor by the County no later non-owned or owned vehicles are used by the
than thirty (30) days after termination of the Contractor in the performance of the Contract)in
Contract. The provisions of this subparagraph shall an amount not less than Five Hundred Thousand
survive the expiration or termination of the Dollars($500,000.00)per person,per accident,for
Contract. bodily injury and not less than One Hundred
Thousand Dollars ($100,000.00) for property
v.) Nothing contained in this paragraph shall damage per occurrence.The County shall be named
be construed as a limitation on the County's rights an additional insured.
set forth in paragraphs l(c) (iii) and 8 of this
Article III. iii.) Workers'Compensation and Employer's
Liability insurance,Disability Benefits insurance,
3. Indemnification and Defense including coverage for Paid Family Leave Benefits,
in compliance with all applicable New York State
a.. The Contractor shall protect,indemnify,and hold laws and regulations, if required by law. The
harmless the County, its agents, servants, officials, and Contractor shall furnish to the County,prior to its
employees from and against all liabilities, fines, penalties, execution of the Contract, the documentation
actions,damages,claims,demands,judgments,losses,suits required by the State of New York Workers'
or actions, costs, and expenses caused by the negligence or Compensation Board of coverage or exemption
any acts or omissions of the Contractor, including from coverage pursuant to §§ 57 and 220 of the
reimbursement of the cost of reasonable attorneys' fees Workers' Compensation Law.In accordance with
incurred by the County, its agents, servants, officials, and General Municipal Law§ 108,the Contract shall
employees in any action or proceeding arising out of, or in be void and of no effect unless the Contractor shall
connection with,the Contract. provide and maintain coverage during the Term for
the benefit of such employees as are required to be
b. The Contractor hereby represents and warrants that covered by the provisions of the Workers'
it will not infringe upon any copyright in performing the Compensation Law.
Services. The Contractor agrees that it shall protect,
indemnify,and hold harmless the County,its agents,servants, iv.) Professional Liability insurance in an
officials,and employees from and against all liabilities,fines, amount not less than Two Million Dollars
penalties, actions, damages, claims, demands, judgments, ($2,000,000.00) on either a per-occurrence or
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claims-made coverage basis. those as to which it is held invalid or unenforceable,shall not
be affected thereby,and every other term and provision ofthe
b. The County may mandate an increase in the liability Contract shall be valid and shall be enforced to the fullest
limits set forth in the immediately preceding paragraphs extent permitted by law.
(4)(a)(i), (ii), and (iv) or require other types of insurance
coverage or policies. 7. Merger;No Oral Changes
C. All policies providing such coverage shall be issued It is expressly agreed that the Contract represents the entire
by insurance companies authorized to do business in New agreement of the Parties and that all previous understandings
York with an A.M.Best rating of A-or better. are herein merged in the Contract. No modification of the
Contract shall be valid unless in written form and executed by
d. The Contractor shall furnish to the County,prior to both Parties.
the execution of the Contract, declaration pages for each
policy of insurance, other than a policy for commercial S. Set-Off Rights
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing
The County shall have all of its common law,equitable,and
compliance with the aforesaid insurance requirements.
statutory rights of set-off. These rights shall include,but not
e. In the case of commercial general liability be limited to,the County's option to withhold from a Fund
insurance the Contractor shall furnish to the County,prior to Source an amount no greater than any sum due and owing to
the execution of the Contract,a declaration page or insuring the County for any reason. The County shall exercise its set-
agreement and endorsement page evidencing the County's off rights subject to approval by the County Attorney. In
status as an additional insured on said policy, and upon cases of set-off pursuant to a Comptroller's audit,the County
demand, a true and certified original copy. of such policy shall only exercise such right after the finalization thereof,
and only after consultation with the County Attorney.
evidencing compliance with the aforesaid insurance
requirements.
9. Non-Discrimination in Services and Employment
f. All evidence of insurance shall provide for the
County to be notified in writing thirty(30)days prior to any a. The Contractor shall not, on the grounds of race,
cancellation,nonrenewal,or material change in the policy to creed, color, national origin, sex, age, disability, sexual
which such evidence relates. It shall be the duty of the orientation,military status,or marital status
Contractor to notify the County immediately of any
cancellation,nonrenewal,or material change in any insurance i.) deny any individual the Services
policy. provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that
evidence of insurance,the County may provide the insurance is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
h. If the Contractor is a Municipal Corporation and iii.) subject an individual to segregation or
has a self-insurance program under which it acts as a self- separate treatment in any matter(elated
insurer for any of such required coverage,the Contractor shall to the individual's receipt of the Services
provide proof, acceptable to the County, of self-funded provided pursuant to the Contract;or
coverage.
iv.) restrict an individual in any way from
5. Independent Contractor any advantage or privilege enjoyed by
others receiving the Services provided
The Contractor is not, and shall never be, considered an pursuant to the Contract;or
employee of the County for any purpose. Notwithstanding
anything contained in this Contract,the Contract shall not be v.) treat an individual differently from
construed as creating a principal-agent relationship between others determining whether not the
the County and the Contractor or the Contractor and the individual satisfies any eligibility or
County,as the case may be. other requirements or conditions which
individuals must meet in order to receive
the Services provided pursuant to the
6. Severability Contract;or
It is expressly agreed that if any term or provision of this vi.) discriminate against employees or
Contract, or the application thereof to any person or applicants for employment.
circumstance, shall be held invalid or unenforceable to any
extent,the remainder of the Contract, or the application of b. The Contractor shall not utilize criteria or methods
such term or provision to persons or circumstances other than of administration which have the effect of subjecting
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individuals to discrimination because of their race, creed, designated representatives, against any claim, demand or
color,national origin,sex,age,disability,sexual orientation, action that may be brought against the other Party, its
military status, or marital status, or have the effect of employees or designated representatives arising out of,or in
substantially impairing the Contract with respect to connection with,the Contract.
individuals of a particular race,creed,color,national origin,
sex, age, disability, sexual orientation, military status, or 15. Confidentiality
marital status,in determining:
Any document of the County,or any document created by the
i.) the Services to be provided;or Contractor and used in rendering the Services, shall remain
the property of the County and shall be kept confidential in
ii.) the class of individuals to whom,or the accordance with applicable laws,rules,and regulations.
situations in which,the Services will be
provided;or 16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
or otherwise dispose of the Contract,or any of its right,title
10. Nonsectarian Declaration or interest therein, or its power to execute the Contract, or
assign all or any portion of the moneys that may be due or
The Services performed under the Contract are secular in become due hereunder, (collectively referred to in this
nature. No funds received pursuant to the Contract shall be paragraph 16 as"Assignment"),to any other person,entity or
used for sectarian purposes or to further the advancement of thing without the prior written consent of the County,and any
any religion. The Services will be available to all eligible attempt to do any of the foregoing without such consent shall
individuals regardless of religious belief or affiliation. be void ab initio.
11. Governing Law b. Such Assignment shall be subject to all of the
provisions of the Contract and to any other condition the
The Contract shall be governed by,. and construed in County requires. No approval of any Assignment shall be
accordance with,the laws of the State of New York,without construed as enlarging any obligation of the County under the
regard to conflict of laws. Venue shall be designated in the terms and provisions of the Contract. No Assignment of the
Supreme Court, Suffolk County,the United States District Contract or assumption by any person of any duty of the
Court for the Eastern District of New York,or,if appropriate, Contractor under the Contract shall provide for,or otherwise
a court of inferior jurisdiction in Suffolk County. be construed as, releasing the Contractor from any term or
provision of the Contract.
12. No Waiver
17. Changes to Contractor
It shall not be construed that any failure or forbearance of the
County to enforce any provision of the Contract in any a. The Contractor may,from time to time,only with
particular instance or instances is a waiver of that provision. the County's written consent,enter into a Permitted Transfer.
Such provision shall otherwise remain in full force and effect, For purposes of the Contract,a Permitted Transfer means:
notwithstanding any such failure or forbearance.
i.) if the Contractor is a partnership, the
13. Conflicts of Interest withdrawal or change, whether
voluntary,involuntary or by operation of
The Contractor shall not,during the Term,pursue a course of law, of the partners, or transfer of
conduct which would cause a reasonable person to believe partnership interests (other than the
that he or she is likely to be engaged in acts that create a purchase of partnership interests by
substantial conflict between its obligations under the Contract existing partners,by the partnership itself
and its private interests. The Contractor is charged with the or the immediate family members by
duty to disclose to the County the existence of any such reason of gift, sale or devise), or the
adverse interests, whether existing or potential. This duty dissolution of the -partnership without
shall continue as long as the Term. The determination as to immediate reconstitution thereof,and
whether or when a conflict may potentially exist shall
ultimately be made by the County Attorney after full if the Contractor is a closely held
disclosure is obtained. corporation (i.e. whose stock is not
publicly held and not traded through an
14. Cooperation on Claims exchange or over the counter):
1. the dissolution, merger,
The Contractor and the County shall render diligently to each consolidation or other
other, without compensation, any and all cooperation that reorganization of the
may be required to defend the other Party,its employees and Contractor;and
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i.) the terms and conditions of the Contract
2. the sale or other transfer of shall in no way be deemed to have been
twenty percent(20%)or more waived or modified;and
of the shares of the Contractor
(other than to existing ii.) such consent shall not be deemed
shareholders, the corporation consent to any further transfers.
itself or the immediate family
members of shareholders by 18. No Intended Third Party Beneficiaries
reason of gift,sale or devise).
The Contract is entered into solely for the benefit of the
b. If the Contractor is a not-for-profit corporation, a County and the Contractor. No third party shall be deemed a
change of twenty percent (20%) or more of its shares or beneficiary of the Contract and no third party shall have the
members shall be deemed a Permitted Transfer. right to make any claim or assert any right under the Contract.
C. The Contractor shall notify the County in writing, 19. Certification as to Relationships
which notice(the"Transfer Notice")shall include:
i.) the proposed effective date of the The Contractor certifies under penalties of perjury that to the
Permitted Transfer, which shall not be best of its knowledge,other than through the funds provided
less than thirty(30)days nor more than in the Contract and other valid agreements with the County,
one hundred eighty(180)days after the there is no known spouse,life partner,business,commercial,
date of delivery of the Transfer Notice; economic, or financial relationship with the County or its
elected officials. The Contractor also certifies to the best of
a summary of the material terms of the its knowledge that there is no relationship within the third
proposed Permitted Transfer; degree of consanguinity,between the Contractor, any of its
partners, members, directors, or shareholders owning five
iii.) the name and address of the proposed (5%)percent or more of the Contractor,and the County. The
transferee; foregoing certification shall not apply to a contractor that is a
municipal corporation or a government britity.
iv.) such information reasonably required by
the County, which will enable the 20. Publications
County to determine the financial
responsibility, character, and reputation Any book,article,report,or other publication related to the
of the proposed transferee,nature of the Services provided pursuant to this Contract shall contain the
proposed assignee/transferee's business following statement in clear and legible print:
and experience;
This publication is fully or partially funded by the County of
V.) all executed forms required pursuant to Suffolk."
Article IV of the Contract, that are
required to be submitted by the 21. Copyrights and Patents
Contractor;and
a. Copyrights
vi.) such other information as the County
may reasonably require. Any and all materials generated by or on behalf of the
Contractor while performing the Services(including,without
d. The County agrees that any request for its consent limitation,designs,images,video,reports,analyses,manuals,
to a Permitted Transfer shall be granted, provided that the films,tests,tutorials,and any other work product of any kind)
transfer does not violate any provision of the Contract, and and all intellectual property rights relating thereto ("Work
the transferee has not been convicted of a criminal offense as Product") are and shall be the sole property of the County.
described under Article II of Chapter 189 of the Suffolk The Contractor hereby assigns to the County its entire right,
County Code. The County shall grant or deny its consent to title and interest,if any,to all Work Product,and agrees to do
any request of a Permitted Transfer within twenty(20)days all acts and execute all documents,and to use its best efforts
after delivery to the County of the Transfer Notice, in to ensure that its employees, consultants, subcontractors,
accordance with the provisions of Paragraph 27 of Article III vendors and agents do all acts and execute any documents,
of the Contract. If the County shall not give written notice to necessary to vest ownership in the County of any and all
the Contractor denying its consent to such Permitted Transfer Work Product. The Contractor may not secure copyright
(and setting forth the basis for such denial in reasonable protection. The County reserves to itself,and the Contractor
detail)within such twenty(20)-day period,then the County hereby gives to the County, and to any other person
shall be deemed to have granted its consent to such Permitted designated by the County, consent to produce, reproduce,
Transfer. publish,translate,display or otherwise use the Work Product.
This paragraph shall survive any completion,expiration or
e. Notwithstanding the County's consent, termination of this Contract.
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The County shall be deemed to be the author of all the Work execution by the County,the Contractor shall have executed
Product. The Contractor acknowledges that all Work Product and delivered to the County the Certification Regarding
shall constitute "work made for hire" under the U.S. Lobbying (if payment under this Contract may exceed
copyright laws. To the extent that any Work Product does not $100,000) as required by Federal regulations, and shall
constitute a "work made for hire," the Contractor hereby promptly advise the County of any material change in any of
assigns to the County all right,title and interest,including the the information reported on such Certification, and shall
right, title and interest to reproduce, edit, adapt, modify or otherwise comply with, and shall assist the County in
otherwise use the Work Product,that the Contractor may have complying with, said regulations as now in effect or as
or may hereafter acquire in the Work Product, including all amended during the term of this Contract.
intellectual property rights therein,in any manner or medium
throughout the world in perpetuity without compensation. 25. Record Retention
This includes,but is not limited to,the right to reproduce and
distribute the Work Product in electronic or optical media,or The Contractor shall retain all accounts,books,records,and
in CD-ROM,on-line or similar format. other documents relevant to the Contract for seven(7)years
after final payment is made by the County. Federal, State,
b. Patents and/or County auditors and any persons duly authorized by
the County shall have full access and the right to examine any
If the Contractor develops, invents, designs or creates any of said materials during said period. Such access is granted
idea, concept, code, processes or other work or materials notwithstanding any exemption from disclosure that may be
during the Term, or as a result of any Services performed claimed for those records which are subject to nondisclosure
under the Contract("patent eligible subject matter"), it shall agreements, trade secrets and commercial information or
be the sole property of the County. The Contractor hereby financial information that is privileged or confidential
assigns to the County its entire right,title and interest,if any, Without limiting the generality of the foregoing, records
to all patent eligible subject matter,and agrees to do all acts directly related to contract expenditures shall be kept for a
and execute all documents,and to use its best efforts to ensure period of ten(10)years because the statute of limitations for
that its employees, consultants,subcontractors,vendors and the New York False Claims Act(New York False Claims Act
agents do all acts and execute any documents,necessary to § 192)is ten(10)years.
vest ownership in the County of any and all patent eligible
subject matter. The Contractor may not apply for or secure 26. Contract Agency Performance Measures and Reporting
for itself patent protection. The County reserves to itself,and Requirements—Local Law No.41-2013
the Contractor hereby gives to the County,and to any other
person designated by the County, consent to produce or a. If payment under this Contract may exceed
otherwise use any item so discovered and/or the right to $50,000, it is subject to the requirements of Suffolk County
secure a patent for the discovery or invention. This paragraph Local Law No. 41-2013, a Local Law to Implement
shall survive any completion,expiration or termination of this Performance Measurement to Increase Accountability and
Contract. Enhance Service Delivery by Contract Agencies(Article VIII
of Chapter 189 of the Suffolk County Code) as set forth in
22. Arrears to County Article IV entitled "Suffolk County Legislative
Requirements."
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County b. The Contractor shall cooperate with the Department
upon any debt,contract,or any other lawful obligation,and is in all aspects necessary to help carry out the requirements of
not in default to the County as surety. the Law. Based on criteria established by the Contractor in
conjunction with the Department,the Contractor shall submit
23. Lawful Hiring of Employees Law in Connection with monthly 'reports regarding the Contractor's performance
Contracts for Construction or Future Construction relative to the established criteria, on dates and times as
specified by the Department,as more fully set forth in Article
In the event that the Contract is subject to the Lawful Hiring I and Article IV of this Contract.
of Employees Law of the County of Suffolk,Suffolk County
Code Article II of Chapter 353,as more fully set forth in the C. The Contractor shall submit an annual report to the
Article entitled"Suffolk County Legislative Requirements," Department regarding the Contractor's performance no later
the Contractor shall maintain the documentation mandated to than July 31 of each year of the Term.All performance data
be kept by this law on the construction site at all times. and reports will be subject to audit by the Comptroller.
Employee sign-in sheets and register/log books shall be kept
on the construction site at all times and all covered 27. Notice
employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their Unless otherwise expressly provided, all notices shall be in
presence on the construction site during such working hours. writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
24. Certification Regarding Lobbying delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
Together with this Contract and as a condition precedent to its the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
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prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
28. Data Security and Privacy
Contractor and all subcontractors shall comply with N.Y.
Gen.Bus.Law§899-bb(by developing,implementing,and
maintaining reasonable safeguards to protect the security,
confidentiality,and integrity of private information).
29. New York State Labor Law
If applicable to this Contract,Contractor shall comply with
Article 8 of the N.Y.Labor Law.
End of Text for Article III
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Article IV Suffolk County Living Wage Form DOL-LW 1/38(Revised
Suffolk County Legislative Requirements 1/2025)entitled"SUFFOLK COUNTY DEPARTMENT OF
LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE OF APPLICATION FOR COUNTY COMPENSATION-
REQUIREMENTS FORMS REFERENCED HEREIN ARE LIVING WAGE CERTIFICATION/DECLARATION-
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON SUBJECT TO AUDIT."
THE SIGNATURE PAGE OF THIS CONTRACT.
3. Use of County Resources to Interfere with Collective
These Legislative Requirements,as may be amended from time to Bargaining Activities
time,shall apply to the Contractor regardless of whether notice of It shall be the duty of the Contractor to read,become familiar
such amendments has been provided to the Contractor by the with, and comply with the requirements of Article I of
County. It is the Contractor's obligation under this Contract to Chapter 803 of the Suffolk County Code.
read, become familiar with,and comply with the requirements of
amended Suffolk County Local Laws,Rules and Regulations,which County Contractors (as defined by section 803-2) shall
can be accessed on the homepage of the Suffolk County Legislature. comply with all requirements of Chapter 803 of the Suffolk
County Code,including the following prohibitions:
1. Contractor's/Vendor's Public Disclosure Statement
a. The Contractor shall not use County funds to assist,
It shall be the duty of the Contractor to read,become familiar promote,or deter union organizing.
with, and comply with the requirements of section A5-8 of
Article V of the Suffolk County Code. b. No County funds shall be used to reimburse the
Contractor for any costs incurred to assist,promote,or deter
Unless certified by an officer of the Contractor as being union organizing.
exempt from the requirements of section A5-8 of Article V of
the Suffolk County Code, the Contractor represents and C. No employer shall use County property to hold a
warrants that it has filed with the Comptroller the verified meeting with employees or supervisors if the purpose of such
public disclosure statement required by Suffolk County meeting is to assist,promote,or deter union organizing.
Administrative Code Article V,section A5-8 and shall file an
update of such statement with the Comptroller on or before If the Services are performed County property, the
the 31st day of January in each year of the Contract's Contractor must adopt a reasonable access agreement, a
duration. The Contractor acknowledges that such filing is a neutrality agreement, fair communication agreement, non-
material,contractual and statutory duty and that the failure to intimidation agreement, and a majority authorization card
file such statement shall constitute a material breach of the agreement.
Contract, for which the County shall be entitled, upon a
determination that such breach has occurred,to damages, in If the Services are for the provision of human services and are
addition to all other legal remedies,of fifteen percent(15%) not to be performed on County property,the Contractor must
of the amount of the Contract. adopt,at the least,a neutrality agreement.
Required Form: Under the provisions of Chapter 803,the County shall have
Suffolk County Form SCEX 22; entitled the authority,under appropriate circumstances,to terminate
"Contractor's/Vendor's Public Disclosure Statement" the Contract and to seek other remedies as set forth therein,
for violations of this Law.
2. Living Wage Law Required Form:
Suffolk County Labor Law Form DOL-LOI (Revised
It shall be the duty of the Contractor to read,become familiar 1/2024); entitled "Suffolk County Department of Labor,
with, and comply with the requirements of Chapter 575, of Licensing & Consumer Affairs — Union Organizing
the Suffolk County Code. Certification/Declaration-Subject to Audit."
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific 4. Lawful Hiring of Employees Law
exemptions apply, all employers (as defined) under service
contracts and recipients of County financial assistance, (as It shall be the duty of the Contractor to,read,become familiar
defined) shall provide payment of a minimum wage to with, and comply with the requirements of Article II of
employees as set forth in the Living Wage Law. Such rate Chapter 353 of the Suffolk County Code.
shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk. Under This Contract is subject to the Lawful Hiring of Employees
the provisions of the Living Wage Law,the County shall have Law of the County of Suffolk. It provides that all covered
the authority, under appropriate circumstances,to terminate employers,(as defined),and the owners thereof,as the case
the Contract and to seek other remedies as set forth therein, may be,that are recipients of compensation from the County
for violations of this Law. through any grant, loan, subsidy, funding, appropriation,
payment, tax incentive, contract, subcontract, license
Required Forms: agreement,lease or other financial compensation agreement
issued by the County or an awarding agency, where such
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compensation is one hundred percent(100%)funded by the APPLICATION TO CERTIFY COMPLIANCE WITH
County, shall submit a completed sworn affidavit (under FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH
penalty of perjury),the form of which is attached,certifying RESPECT TO LAWFUL HIRING OF EMPLOYEES,
that they have complied,in good faith,with the requirements Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2
of Title 8 of the United States Code Section 1324a with (REVISED 1/2024).
respect to the hiring of covered employees(as defined)and
with respect to the alien and nationality status of the owners 5. Gratuities
thereof. The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the case It shall be the duty of the Contractor to read,become familiar
may be;shall be part of any executed contract,subcontract, with,and comply with the requirements of Chapter 664 of the
license agreement, lease or other financial compensation Suffolk County Code.
agreement with the County;and shall be made available to the
public upon request. The Contractor represents and warrants that it has not offered
or given any gratuity to any official,employee or agent of the
All contractors and subcontractors (as defined) of covered County or the State or of any political party,with the purpose
employers,and the owners thereof, as the case may be,that or intent of securing an agreement or securing favorable
are assigned to perform work in connection with a County treatment with respect to the awarding or amending of an
contract, subcontract, license agreement, lease or other agreement or the making of any determinations with respect
financial compensation agreement issued by the County or to the performance of an agreement.
awarding agency,where such compensation is one hundred
percent (100%) funded by the County, shall submit to the 6. Prohibition Against Contracting with Corporations
covered employer a completed sworn affidavit(under penalty that Reincorporate Overseas
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 It shall be the duty of the Contractor to read,become familiar
of the United States Code Section 1324a with respect to the with, and comply with the requirements of sections A4-13
hiring of covered employees and with respect to the alien and and A4-14 of Article IV of the Suffolk County Code.
nationality status of the owners thereof,as the case may be.
The affidavit shall be executed by an authorized The Contractor represents that it is in compliance with
representative of the contractor,subcontractor,or owner,as sections A4-13 and A4-14 of Article IV of the Suffolk
the case may be; shall be part of any executed contract, County Code. Such law provides that no contract for
subcontract, license agreement, lease or other financial consulting services or goods and services shall be awarded by
compensation agreement between the covered employer and the County to a business previously incorporated within the
the County; and shall be made available to the public upon U.S.A.that has reincorporated outside the U.S.A.
request.
An updated affidavit shall be submitted by each such 7. Child Sexual Abuse Reporting Policy
employer,owner,contractor and subcontractor no later than
January 1 of each year for the duration of any contract and It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article II of
upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under the Chapter 880 of the Suffolk County Code.
terms of the Contract. The Contractor shall comply with Article II of Chapter 880,
The Contractor acknowledges that such filings are a material, of the Suffolk County Code, entitled "Child Sexual Abuse
contractual and statutory duty and that the failure to file any Reporting Policy,"as now in effect or amended hereafter or
such statement shall constitute a material breach of the of any other Suffolk County Local Law that may become
Contract. applicable during the term of the Contract with regard to child
sexual abuse reporting policy.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the S. Non Responsible Bidder
Contract for violations of this Law and to seek other remedies
available under the law. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article II of
The documentation mandated to be kept by this law shall at Chapter 189 of the Suffolk County Code.
all times be kept on site. Employee sign-in sheets and
register/log books shall be kept on site at all times during Upon signing the Contract,the Contractor certifies that it has
working hours and all covered employees, as defined in the not been convicted of a criminal offense within the last ten
law,shall be required to sign such sign-in sheets/register/log (10)years. The term"conviction" shall mean a finding of
books to indicate their presence on the site during such guilty after a trial or a plea of guilty to an offense covered
working hours. under section 189-5 of the Suffolk County Code under
"Nonresponsible Bidder."
Required Forms:
"SUFFOLK COUNTY DEPARTMENT OF LABOR,
LICENSING, & CONSUMER AFFAIRS — NOTICE OF
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9. Use of Funds in Prosecution of Civil Actions 13. Contract Agency Performance Measures and
Prohibited Reporting Requirements
It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County
Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement
Performance Measurement to Increase Accountability and
The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII
whole, and either directly or indirectly, received under the of Chapter 189 of the Suffolk County Code)as more fully set
Contract in connection with the prosecution of any civil forth in Article I and Article III of this Contract.
action against the County in any jurisdiction or anyjudicial or
administrative forum. All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
10. Youth Sports to identify the key performance measures related to the
objectives of the services that the contract agency provides
It shall be the duty of the Contractor to read,become familiar and shall develop an annual performance reporting plan.The
with, and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering
Suffolk County Code. department and the County Executive's Performance
Management Team to establish working groups to identify
All contract agencies that conduct youth sports programs are appropriate performance indicators and targets for monthly
required to develop and maintain a written plan or policy evaluation of the contract agency's performance.
addressing incidents of possible or actual concussion or other
head injuries among sports program participants.Such plan or 14. Suffolk County Local Laws Website Address
policy must be submitted prior to the award of a County
contract,grant or funding. Receipt of such plan or policy by Suffolk County Local Laws, Rules and Regulations can be
the County does not represent approval or endorsement of any accessed on the homepage of the Suffolk County Legislature.
such plan or policy, nor shall the County be subject to any
liability in connection with any such plan or policy.
15. Suffolk County Code of Ethics
11. Work Experience Participation As required by Suffolk County Standard Operating Procedure
A-06, the following is a link to the Suffolk County Ethics
If the Contractor is anot-for-profit or governmental agency or Booklet,which contains the provisions of the Suffolk County
institution,each of the Contractor's locations in the County at Code of Ethics:
which the Services are provided shall be a work site for
public-assistance clients of Suffolk County pursuant to https://suffolkcountyny.gov/Portals/O/formsdoes/Boardofethic
Chapter 281 of the Suffolk County Code at all times during s/2%2024%20BLUE%20BOOK%20UPDATED.odf
the Term of the Contract. If no Memorandum of
Understanding("MOU")with the Suffolk County Department 16. Notification of Cyber Security Breach
of Labor for work experience is in effect at the beginning of
the Term of the Contract, the Contractor, if it is a not-for- It shall be the duty of the Contractor to read,become familiar
profit or governmental agency or institution,shall enter into
such MOU as soon as possible after the execution of the with,and comply with the requirements of section A5-22 of
Contract and failure to enter into or to perform in accordance Article V of the Suffolk County Administrative Code.
with such MOU shall be deemed to be a failure to perform in The Contractor(as defined in section A5-22)certifies that it
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such has policies and procedures in place for the effective
other remedies as may be appropriate in the circumstances. management of any cyber security breach, event or attack.
The Contractor shall, within 48 hours, notify the Chief
12. Safeguarding Personal Information of Minors Information Security Officer ("CISO") at the Office of
Information Technology located at William J. Lindsay
It shall be the duty of the Contractor to read,become familiar County Complex — Building 50, 725 Veterans Memorial
with, and comply with the requirements of Suffolk County Highway,Hauppauge,New York 11788 and the Department
Local Law No. 20-2013, a Local Law to Safeguard the named on the signature page of this Contract, of any cyber
Personal Information of Minors in Suffolk County. breach,event or attack,as defined in section A5-22 of Article
V of the Suffolk County Administrative Code. The
All contract agencies that provide services to minors are Contractor,upon completion of its investigation of the cyber
required to protect the privacy of the minors and are strictly breach, event or attack,shall provide a written report of the
prohibited from selling or otherwise providing to any third findings of the completed investigation to the CISO.
party,in any manner whatsoever,the personal or identifying End of Text for Article IV
information of any minor participating in their programs.
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Article V after approval of the Suffolk County Payment Voucher by the
General Fiscal Terms and Conditions Comptroller.
1. General Payment Terms d. Budget Modification
a. Presentation of Suffolk County Payment i.) The Parties shall use the Contract Budget
Modification Request form ("Budget
Voucher Modification") for' revisions to the
In order for payment to be made by the County to the Budget and Services not involving an
Contractor for the Services,the Contractor shall prepare and increase to the total cost of the Contract.
present a Suffolk County Payment Voucher,which shall be If the Contractor is seeking such a
documented by sufficient, competent and evidential matter. modification, the Contractor shall
Each Suffolk County Payment Voucher submitted for contact the Department to receive the
payment is subject to Audit at any time during the Term or form and enter the required information.
any extension thereof. This provision shall survive expiration When the County and the Contractor
or termination of this Contract for a period of not less than agree as to such revisions,the Contractor
seven(7)years,and access to records shall be as set forth in shall sign the Budget Modification form
paragraph 25 of Article III,and paragraph 4(b)of Article V. and return it to the County for execution
along with any other documentation the
b. Voucher Documentation Department may require.
The Suffolk County Payment Voucher shall list all ii•) Such request must be made in advance of
information regarding the Services and other items for which incurring any expenditure for which the
expenditures have been or will be made in accordance with revision is needed.
the Contract. Either upon execution of the Contract(for the iii,) Upon complete execution of the Budget
Services already rendered and expenditures already made),or Modification form, the County shall
not more than thirty (30) days after the expenditures were '
made,and in no event after the 315t day of January following return a copy to the Contractor. The
the end of each year of the Contract, the Contractor shall revision shall not
furnish the County with detailed documentation in support of Budget Modification is completely
be effective until the
the payment for the Services or expenditures under the executed.
Contract, e.g., dates of the Service, worksite locations, iv.) The Budget Modification form may be
activities, hours worked, pay rates and all program Budget submitted only twice per calendar year
categories. The Suffolk County Payment Voucher shall and may only be submitted prior to
include time records,certified by the Contractor as true and November 15tn.of that year.
accurate,of all personnel for whom expenditures are claimed
during the period. Time and attendance records of a
Contractor's Director/Executive Director shall be certified by e. Budget and/or Services Revisions
the Chairperson,President or other designated member 6f the i,) The Parties shall use the Contract
Board of Directors of the Contractor and shall be maintained Budget/Services Revision Approval
by the Contractor for audit. All Suffolk County Payment Form (Budget/Services Revisions) for
Vouchers must bear a signature as that term is defined revisions to the Budget and Services
pursuant to New York State General Construction Law§46 involving any change to the total cost of
by duly authorized persons, and certification of such . the Contract due to a resolution of the
authorization with certified specimen signatures thereon must Legislature, changes to the County's
be filed with the County by a Contractor official empowered adopted annual budget, or for any other
to sign the Contract. reason necessitating revisions to the
Disbursements made by the Contractor in accordance with the Budget or Services.
Contract and submitted for reimbursement must be ii.) When the County and the Contractor
documented and must comply with accounting procedures as agree as to such revisions, the
set forth by the Suffolk County Department of Audit and Department will enter the information
Control. Documentation, including any other form(s) into the Budget/Services Revisions Form
required by County or the Suffolk County Department of and send it to the Contractor for
Audit and Control, shall be furnished to the County. In signature.The Contractor shall return it
addition to any other remedies that the County may have, to the County for execution along with
failure to supply the required documentation will disqualify any other documentation the Department
the Contractor from any further County contracts. may require.
C. Payment by County iii.) Upon complete execution of the form by
the Parties, the County shall return a
Payment by the County shall be made within thirty(30)days copy to the Contractor. The revision
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shall not be effective until the iii.) pension plan and any other employee
Budget/Services Revisions Form is benefit plans or arrangements.
completely executed.
b. The Contractor shall not; be entitled to
f. Taxes reimbursement for costs under any pension or benefit plan the
Comptroller deems commercially unreasonable.
The charges payable to the Contractor under the Contract are
exclusive of federal,state,and local taxes,the County being a C.
Notwithstanding anything in this paragraph 3 of this
municipality exempt from payment of such taxes. Article V,the County shall not be limited in requesting such
additional financial information it deems reasonable.
g. Final Voucher
The acceptance by the Contractor of payment of all billings
4. Accounting Procedures
made on the final approved Suffolk County Payment Voucher
shall operate as and shall be a release of the County from all a. The Contractor shall maintain accounts,books,
claims by the Contractor through the date of the Voucher. records,documents,other evidence,and
accounting procedures and practices which
2. Subject to Appropriation of Funds sufficiently and properly reflect all direct and
indirect costs of any nature expended in the
a. The Contract is subject to the amount of funds performance of the Contract,in accordance with
appropriated each fiscal year and any subsequent generally accepted accounting principles and
.modifications thereof by the County Legislature, and no with rules,regulations and financial directives,as
liability shall be incurred by the County beyond the amount of may promulgated by the Suffolk County
funds appropriated each fiscal year by the County Legislature Department of Audit and Control and the
for the Services. Department. The Contractor shall permit
inspection and audit of such accounts,books,
b. If the County fails to receive Federal or State funds records,documents and other evidence by the
originally intended to pay for the Services,or to reimburse the Department and the Suffolk County Comptroller,
County, in whole or in part, for payments made for the or their representatives,as often as,in their
Services,the County shall have the sole and exclusive right judgment,such inspection is deemed necessary.
Such right of inspection and audit as set forth in
to: subparagraph b.below shall exist during the
i.) determine how to pay for the Services; Term and for a period of seven(7)years after
expiration or termination of the Contract.
ii.) determine future payments to the
Contractor;and b. The Contractor shall retain all accounts,books,
records,and other documents relevant to the
iii.). determine what amounts, if any, are Contract for seven(7)years after final payment is
reimbursable to the County by the made by the County. Federal,State,and/or
Contractor and the terms and conditions County auditors and any persons duly authorized
by the County shall have full access and the right
under which such reimbursement shall
be paid. to examine any of said materials during said
period. Such access is granted notwithstanding
C. The County may, during the Term, impose a any exemption from disclosure that may be
Budget Deficiency Plan. In the event that a Budget claimed for those records which are subject to
Deficiency Plan is imposed,the County shall promptly notify - nondisclosure agreements,trade secrets and
the Contractor in writing of the terms and conditions thereof, commercial information or financial information
which shall be deemed incorporated in and made apart of the that is privileged or confidential.
Contract,and the Contractor shall implement those terms and c. The Contractor shall utilize the accrual basis of
conditions in no less than fourteen(14)days.
accounting and will submit all financial reports
and claims based on this method of accounting
3. Personnel Salaries, Pension and Employee Benefit
Plans,Rules and Procedures � during the Term.
a. Upon request, the Contractor shall submit to the 5. Audit of Financial Statements
County a current copy,certified by the Contractor as true and
accurate,of its a. All payments made under the Contract are subject
to audit by the Comptroller pursuant to Article V.of the
i.) salary scale for all positions listed in the Suffolk County Charter. The Contractor further agrees that
Budget; the Comptroller and the Department shall have access to and
the right to examine, audit, excerpt, copy or transcribe any
ii.) personnel rules and procedures; pertinent transactions or other records relating to services
under the Contract. If such an audit discloses overpayments
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by the County to the Contractor,within thirty(30)days after Financial statements must clearly differentiate between
the issuance of an official audit report by the Comptroller or County-funded programs and other programs that the
his duly designated representatives,the Contractor shall repay Contractor may be operating. The use of subsidiary schedules
the amount of such overpayment by check to the order of the should be encouraged for this purpose. The Auditor must
Suffolk County Comptroller or shall submit a proposed plan also prepare a Management Letter based on the audit.
of repayment to the Comptroller. If there is no response,or if
satisfactory repayments are not made,the County may recoup d. "Subrecipients"—Federally Funded Programs and,
overpayments from any amounts due or becoming due to the Grants
Contractor from the County under the Contract or otherwise.
The Comptroller reserves the right to undertake all reasonable i. In the event the Contractor is a"Subrecipient"as
actions to ensure compliance with all applicable local laws, that term is defined in 2 CFR§200.1 and expends
rules,and regulations including but not limited to Chapter 189 ONE MILLION($1,000,000.00)dollars or more of
of the Suffolk County Code Federal moneys,whether as a recipient expending
awards received directly from Federal awarding
b. The provisions of this paragraph shall survive the agencies or as a Contractor expending Federal
expiration or termination of the Contract for a period of seven awards received from a pass-through entity such as
(7) years, and access to records shall be as set forth in New York State and/or Suffolk County,during any
paragraph 25 of Article III,and paragraph 4(b)of Article V. fiscal year within which it receives funding under
the Contract, the audit referred to under this
6. Financial Statements and Audit Requirements paragraph 6 must be conducted and any the audit
report must be in accordance with OMB Uniform
a. Notwithstanding any other reporting or certification Grant Guidance—2 CFR Part 200("Single Audit
requirements of Federal, State, or local authorities, the Report"). Single Audit Reports must also be
Contractor shall obtain the services of an independent uploaded to the Federal Audit Clearinghouse,to the
licensed public accountant or certified public accountant(the extent required by the OMB Uniform Grant
"Auditor") to audit its financial statements for each Guidance referred to above. In addition,the Single
Contractor's "fiscal year" in which the Contractor has Audit Report, respective financial statements and
received, or will receive, three hundred thousand any Management Letters must be submitted to the
Department set forth on page one of this Contract
($300,000.00) dollars or more from the County, whether and emailed to the Executive Director of Auditing
under the Contract or other agreements with the County,and
shall submit a report to the County on the overall financial Services at
condition and operations of the Contractor, including a subrecipientmonitoringgsuffolkcountvny.g_o_v
balance sheet and statement of income and expenses,attested within thirty (30) days after completion of the
by the Auditor as fairly and accurately reflecting the audit, but in no event later than nine (9) months
accounting records of the Contractor in accordance with after the end of the Contractor's fiscal year, to
generally accepted accounting principles. The audited which the audit relates.
financial statements including respective Management Letters
must be emailed to the Executive Director of Auditing ii. In the event the Contractor is a"Subrecipient"as
Services at Audits@suffolkcountyny.gov within thirty (30) that term is defined in 2 CFR§200.1 and expends
days after completion of the audit,but in no event later than less than ONE MILLION($1,000,000.00)dollars
nine(9)months after the end of the Contractor's fiscal year,
of Federal moneys, whether as a recipient
to which the audit relates. The Contractor may solicit expending awards received directly from Federal
requests for proposals from a number of qualified accounting awarding agencies or as a Contractor expending
firms and review carefully the costs of,and qualifications for, Federal awards received from a pass-through entity
this type of work before selecting the Auditor. such as New York State and/or Suffolk County,
during any fiscal year the Contractor must email a
b. The Auditor should be required to meet the certified Exemption Letter,the form of which shall
following minimum requirements: be provided by the Department,on the Contractor's
Letterhead and a Schedule of Federal Funds
Expended to the respective County Department and
i.) a current license issued by the New York the Executive Director of Auditing Services at
State Education Department; subrecipientmonitoring@suffolkeountyny.gov
ii.) sufficient auditing experience in the not- within thirty (30) days of the end of the
for-profit,governmental or profit-making Contractor's fiscal year. The Schedule of Federal
areas,as applicable;and Funds Expended must include all Federal funding
received directly from the Federal government and
iii.) a satisfactory peer review issued within all Federal funds passed through from the County
not more than three(3)years prior to the and other pass-through entities.
date when the Auditor was selected to
conduct the audit. iii. Subrecipients may include,but not necessarily be
c. The audit must be conducted in accordance with limited to, not-for-profit organizations; units of
generally accepted governmental auditing standards. state government or a unit of local governments.
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by the Contract and entrusted to the
e. Copies of any other audit reports including
Contractor,shall remain in the County.
oversight agency audits must be submitted to the Department iii,) The County shall retain a proprietary
set forth on page one of this Contract and emailed to the interest in all furniture, removable
Executive Director of Auditing Services at fixtures, equipment, materials, and
Auditsa.suffolkcountyny.eov within thirty (30) days after supplies purchased or obtained by the
completion of the audit(s). Contractor and paid for or reimbursed to
the Contractor pursuant to the terms of
f. The requirements set forth in this paragraph 6 shall the Contract or any prior agreement
not preclude the authorized representatives of the County,the between the Parties.
Comptroller,or Federal or State entities from conducting any
other duly authorized audit(s) of records and financial iv.) The Contractor shall attach labels
statements of the Contractor. The Contractor shall make such indicating the County's proprietary
records and financial statements available to authorized interest or title in all such property.
representatives of Federal,State and County government for
that purpose.
g. The provisions of this paragraph 6 shall survive the C. County's Right to Take Title and Possession
expiration or termination of the Contract. Upon the termination or expiration of the Contract or any
renewal thereof, the discontinuance of the business of the
7. Furniture,Fixtures,Equipment,Materials,Supplies Contractor,the failure of the Contractor to comply with the
terms of the Contract, the bankruptcy of the Contractor, an
a. Purchases, Rentals or Leases Requiring Prior assignment for the benefit of its creditors,or the failure of the
Approval Contractor to satisfy any judgment against it within thirty(30)
days of filing of the judgment,the County shall have the right
Prior to placing any order to purchase, rent or lease any to take title to and possession of all furniture, removable
furniture, fixtures, or equipment valued in excess of one fixtures, equipment, materials, and supplies and the same
thousand dollars($1,000.00)per unit for which the Contractor shall thereupon become the property of the County without
will seek reimbursement from the County, the Contractor any claim for reimbursement on the part of the Contractor.
shall submit to the County a written request for approval to
make such a proposed purchase, rental or lease, with a list d. Inventory Records,Controls and Reports
showing the quantity and description of each item, its
intended location and use, estimated unit price or cost, The Contractor shall regularly and concurrently maintain
estimated total cost of the proposed order and three written proper and accurate inventory records and controls for all
estimates for the same. Written approval of the County shall such furniture, removable fixtures and equipment acquired
be required before the Contractor may proceed with such pursuant to the Contract and all prior agreements between the
proposed purchase, rental or lease of furniture, fixtures or Parties,if any. Three(3)months before the expiration date of
equipment. All items purchased must be new or like new the Contract,the Contractor shall make a physical count of all
unless specifically described otherwise in the Budget. items of furniture, removable fixtures and equipment in its
custody,checking each item against the aforesaid inventory
b. Purchase Practices/Proprietary Interest of records. A report setting forth the results of such physical
County count shall be prepared by the Contractor,on a form or forms
designated by the County, certified and signed by an
i.) The Contractor shall follow the general authorized official of the Contractor,and one(1)copy thereof
practices that are designed to obtain shall be delivered to the County within five(5)days after the
furniture,fixtures,equipment,materials, date set for the aforesaid physical count. Within five(5)days
or supplies at the most reasonable price after the termination or expiration date of the Contract,the
or cost possible. Contractor shall submit to the County six(6) copies of the
same report updated to such date of the Contract,certified and
The County reserves the right to signed by an authorized official of the Contractor,based on a
purchase or obtain furniture, fixtures, physical count of all items of furniture, removable fixtures
equipment,materials,or supplies for the and equipment on the aforesaid expiration date,and revised,if
Contractor in accordance with the necessary, to include any inventory changes during the last
programmatic needs of the Contract. If three(3)months of the Term.
the County exercises this right, the
amount budgeted for the items so e. Protection of Property in Contractor's Custody
purchased or obtained by the County for
the Contractor shall not be available to The Contractor shall maintain vigilance and take all
the Contractor for any purpose reasonable precautions to protect the furniture, fixtures,
whatsoever. Title to any such items equipment,material or supplies in its custody against damage
purchased or otherwise obtained by the or loss by fire,burglary,theft, disappearance, vandalism,or
County for the programs encompassed misuse. In the event of burglary, theft, vandalism, or
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disappearance of any item of furniture,fixtures, equipment, request, a schedule for all programs funded by the County,
material or supplies,the Contractor shall immediately notify itemizing for each such program the sums received, their
the police and make a record thereof,including a record of the source and the total program budget.
results of any investigation which may be made thereon. In
the event of loss of or damage to any item of furniture, d. Outside Funding for Non-County Funded
fixtures,equipment,materials,or supplies from any cause,the Activities
Contractor shall immediately send the County a detailed
written report thereon. Notwithstanding the foregoing provisions of the Contract,it is
the intent of the County that the terms and conditions of the
f. Disposition of Property in Contractor's Custody Contract shall not limit the Contractor from applying for and
accepting outside grant awards or from providing additional
Contractor shall be required to obtain the County's prior educational activities/services which may result in the
written approval to dispose of any and all property including Contractor incurring additional costs,as long as the following
fixtures, equipment and furniture, purchased with County conditions are met:
finds.
Upon termination of the County's funding of any of the i.) The County is not the Fund Source for
Services covered by the Contract,or at any other time that the the additional services;
County may direct,the Contractor shall make access available ii.) • Sufficient funding is available for or can
and render all necessary assistance for physical removal by be generated by the Contractor to cover
the County or its designee of any or all furniture,removable the cost incurred by the Contractor to
fixtures,equipment,materials or supplies in the Contractor's provide these additional services;and
custody in which the County has a proprietary interest,in the
same condition as such property was received by the iii.) If sufficient funding is not available or
Contractor, reasonable wear and tear excepted. Any cannot be generated,the County shall not
disposition, settlements or adjustments connected with such be held liable for any of the additional
property shall be in accordance with the rules and regulations costs incurred by the Contractor in
of the County and the State of New York. furnishing such additional services.
8. Lease or Rental Agreements iv.) Prior to scheduling any such additional
services on County-owned property,the
Contractor shall obtain written County
If lease payments or rental costs are included in the Budget as approval. The Contractor shall, to the
an item of expense reimbursable by the County, the County's satisfaction, submit any
Contractor shall promptly submit to the County,upon request, documentation requested by the
any lease or rental agreement. If during the Term, the Department reflecting the change, and
Contractor shall enter into a lease or rental agreement,or shall identify the additional services to be
renew a lease or rental agreement,the Contractor shall,prior provided and the source of funding that
to the execution thereof, submit such lease or rental shall be utilized to cover the
agreement,to the County for approval. expenditures incurred by the Contractor
in undertaking the additional services.
9. Statement of Other Contracts
e. Potential Revenue
Prior to the execution of the Contract, the Contractor shall
submit a Statement of Other Contracts to the County. If the The Contractor shall actively seek and take reasonable steps
Contract is amended during the Term, or if the County to secure all potential funding from grants and contracts with
exercises its option right,the Contractor shall submit a then other agencies for programs funded by the County.
current Statement of Other Contracts.
f. Payments Contingent upon State/Federal
10. Miscellaneous Fiscal Terms and Conditions Funding
a. Limit of County's Obligations Payments under the Contract may be subject to and
contingent upon continued funding by State and/or Federal
The maximum amount to be paid by the County is set forth on agencies. In the event payments are subject to such funding
the first page of the Contract. no payment shall be made until the Contractor submits
documentation in the manner and form as shall be required by
b. Duplicate Payment from Other Sources State and/or Federal agency. If late submission of claims
precludes the County from claiming State or Federal
Payment by the County for the Services shall not duplicate reimbursement,such late claims by the Contractor shall not be
payment received by the Contractor from any other source. paid by the County subject to subparagraph g.below, if,for
any reason, the full amount of such funding is not made
C. Funding Identification available to the County,the Contract may be terminated in
whole or in part,or the amount payable to the Contractor may
The Contractor shall promptly submit to the County upon be reduced at the discretion of the County,provided that any
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such termination or reduction shall not apply to allowable conferences that are that the Contractor's shalltaff or fully funded s to ndby the County
t be pre-
costs incurred by the Contractor prior to such termination or
reduction,and provided that money has been appropriated for approved, in writing, by the County and must be in
payment of such costs. compliance with Suffolk County Standard Operating
Procedure A-07 which may be viewed online at the County's
g. Denial of Aid website, SuffolkCountyny.gov; go to "Government," then
"Comptroller,"then"Consultant's Agreements."
If a State or Federal government agency is funding the
Contract and fails to approve aid in reimbursement to the 1. Salaries
County for payments made hereunder by the County to the
Contractor for expenditures made during the Term because of The Contractor shall not be eligible to receive any salary
any act,omission or negligence on the part of the Contractor, reimbursement until proof of deposit or payment of all
then the County may deduct and withhold from any payment withholding and payroll taxes to the Federal/State
due to the Contractor an amount equal to the reimbursement governments has been provided to the County.
denied by the state or federal government agency, and the
County's obligation to the Contractor shall be reduced by any M. Salary Increases
such amounts. In such an event,if there should be a balance
due to the County after it has made a final payment to the No salary,wage,or other compensation for the Services shall
Contractor under the Contract,on demand by the County,the be increased over the amount stated in the Budget without the
Contractor shall reimburse the County for the amount of the prior written approval of the County.
balance due the County, payable to the Suffolk County
Comptroller. The provisions of this subparagraph shall n. Contractor Vacancies
survive the expiration or termination of the Contract.
The County shall have the right of prior approval of the
h. Budget Contractor's filling of any vacant position as of the date of
execution of the Contract or as may thereafter become vacant,
The Contractor expressly represents and agrees that the and,in the exercise of that right.The County may promulgate
Budget lists all revenue, expenditures, personnel, personnel reasonable regulations involving filling of vacancies which
costs and/or all other relevant costs necessary to provide the shall be deemed to be incorporated by reference in, and be
Services. made part of,the Contract,provided,however,that subj ect to
the availability of funding, approval for the hiring of
i. Payment of Claims replacement clerical shall be a Contractor determination.
Upon receipt of a Suffolk County Payment Voucher, the o. No Limitation On Rights
County, at its discretion, may pay the Contractor during the
Term,in advance,an amount not to exceed one sixth(1/6)of Notwithstanding anything in this Article V to the contrary,
the maximum amount to be paid by the County set forth on the County shall have available to it all rights and remedies
the first page of the Contract. under the Contract and at law and equity.
j. Payments Limited to Actual Net Expenditures P. Comptroller's Rules and Regulations
The Contractor agrees that if,for any reason whatsoever,the The Contractor shall comply with the"Comptroller's Rules
Contractor shall spend during the Term for the purposes set and Regulations for Consultant's Agreements" as
forth in the Contract an amount less than,or receive amounts promulgated by the Department of Audit and Control of
more than, provided in the Budget, the total cost of the Suffolk County and any amendments thereto during the Term
Contract shall be reduced to the net amount of actual of the Contract. The"Comptroller's Rules and Regulations
Contractor expenditures made for such purposes. The total for Consultant's Agreements"and"SOP A-07 Amendment I"
amount to be paid by the County shall not exceed the lesser of may be viewed online at the County's website,
(i)actual net expenditures or(ii)the total cost of the Contract SuffolkCountyny.gov; go to "Government," then
on the cover page and in the Budget. Upon termination or "Comptroller,"then"Consultant's Agreements."
expiration of the Contract,if the Contractor's total amount of
allowable expenses is less than the total amount of the End of Text for Article V
payments made during the Term,the Contractor shall prepare
a check payable to the Suffolk County Comptroller for the
difference between the two amounts and submit such payment
to the County, along with the final Suffolk County Payment
Voucher.
k. Travel, Conference, and Meeting Attendance:
SOP A-07 Amendment 1
Reimbursement to the Contractor for travel costs shall not
exceed amounts allowed to County employees. All
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Article VI
Budget
The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI. The
Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties on an
overtime basis, that are exclusively related to identifying and arresting motorists engaged in DWI. These patrols
should result in an increased number of arrests for DWI and a reduction of alcohol-related crashes and fatalities.
Funds may also be used to pay for training related to such patrols and for warrant enforcement.
The hours of enforcement shall include times and days which have historically reflected high incidences of DWI and
crashes and fatalities caused by motorists engaged in DWI. Scheduling may be organized due to seasonal traffic
considerations and other activities related to incidences of DWI and may be dependent upon staff'availability.
For the term of the Contract, the Contractor will receive funding in the amount of$19,000.00. The Contractor
shall expend said funding to cover the overtime and fringe benefits earned by police officers employed by the
Contractor while performing the Services set forth above, as follows:
Overtime: $19,000.00
Other Services 0.00
Total of All Services: $19,000.00
The Contractor will not be reimbursed for any costs not listed in the budget set forth above, including but not
limited to those costs related to administration, staff support, and related operational equipment.
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